This situation highlights a significant gap between federal mandates and local law enforcement accountability. Here is a structured blog post based on your RTI appeal. It focuses on the systemic issues regarding the 2015 MHA Advisory on FIR registration.
FIR Registration Advisory: Why the 2015 MHA Advisory on Mandatory FIRs Remains a “Ghost” in Mirzapur
The Right to Information (RTI) is often the only tool citizens have to peek behind the curtain of administrative silence. Recent filings in Mirzapur regarding the Ministry of Home Affairs (MHA) Advisory dated 12th October 2015 reveal a troubling reality. There is either a total breakdown in government communication or a deliberate attempt to evade legal accountability.
The 2015 Mandate: Ending Police Discretion (FIR Registration Advisory)
In 2015, the MHA issued a critical advisory to all State Governments. They instructed them to ensure that police stations do not turn away victims of crime. The key directives were clear:
- Mandatory Registration: You must register FIRs under Section 154(1) of the CrPC for all cognisable offences.
- Zero FIR: Police must register an FIR regardless of jurisdiction.
- Strict Penalties: Failure to comply should lead to prosecution of officers. This prosecution is under Section 166A of the IPC. It is punishable by up to two years in prison.
- Institutionalisation: This advisory aimed to be part of every police officer’s training.
The RTI Revelation: “Not Archival” or “Not Present”?
In a pursuit of transparency, we filed an RTI application. The registration number is SPMZR/R/2024/60234. We submitted it to the Superintendent of Police (SP) office in Mirzapur. The purpose was to check the status of this advisory’s compliance.
The response from the Public Information Officer (PIO) was both baffling and evasive. The PIO claimed that the information sought was “not archival” under Section 2(j) of the RTI Act. He refused to confirm whether the SP office even possesses this vital legal document. It is important for individuals seeking to file an FIR to have all necessary details at hand. Additionally, they should check with the local police for the FIR Registration Advisory. It outlines the steps and requirements for filing an FIR effectively. They can also inquire about the registration process with local authorities for a seamless experience.
“If a 10-year-old federal advisory hasn’t reached the SP’s desk, it is administrative negligence. If it has reached but is being denied, it is institutional lawlessness.”
The Core of the Appeal: Who is Responsible?
The First Appeal (SPMZR/A/2025/60017) challenges this denial on two primary grounds:
1. The Administrative Breakdown
If the SP Office truly lacks the advisory, then it implies a serious issue. The Office of the Chief Secretary of Uttar Pradesh failed to circulate a federal mandate. This mandate was intended to protect the constitutional rights of women and citizens. This situation represents a massive failure in the chain of command.
2. Misinterpretation of the RTI Act (FIR Registration Advisory)
The PIO is using the term “archival information” as a shield. This obstructs the public’s right to know whether the police are following the law. The 2015 advisory is a living document of legal procedure, not an obscure historical relic.
Why This Matters for Mirzapur
When the police disregard or remain unaware of MHA advisories, they undermine the rule of law. For the women and marginalized citizens of Mirzapur, this lack of transparency translates to:
- Refusal to file FIRs for serious crimes.
- Harassment of victims at police stations.
- Zero accountability for negligent officers.
Conclusion and Prayer for Relief (FIR Registration Advisory)
The pending appeal before FAA Abhinandan (SSP Mirzapur) demands accountability rather than just a request for a document. The citizens of Mirzapur deserve to know: Are authorities following the 2015 MHA Advisory, or are they suppressing it?
Officers tasked with upholding justice cannot serve it if they are “unaware” of the rules that govern their duties.
Based on the documents provided, here is a breakdown of the current status of the 2015 MHA Advisory. There are legal developments. These concern the transition from the Code of Criminal Procedure (CrPC) to the Bharatiya Nagarik Suraksha Sanhita (BNSS). These legal developments have implications.
1. The “Uselessness” of the MHA Advisory post-BNSS
The transition to BNSS on July 1, 2024, has fundamentally altered the legal landscape, rendering many CrPC-based procedures technically obsolete.
- Legal Shift: The Mirzapur Police response states that the implementation of the BNSS has changed things. Section 154(1) of the CrPC is no longer in force.
- Statutory Recognition: Interestingly, the BNSS has actually “legalised” concepts that were previously only part of MHA advisories. Zero FIR was a key point of the 2015 advisory. It is now formally codified under Section 173 of the BNSS.
- Preliminary Inquiry: The BNSS introduces Section 173(3), which empowers authorities to conduct a preliminary inquiry in specific cases. Authorities can investigate these cases, which carry punishments of 3–7 years, before they register an FIR. This directly modifies the absolute “no-discretion” stance of the 2015 advisory.
- FIR Registration Advisory: The advisory provides guidance. It states that an FIR should only be registered after due consideration of the preliminary inquiry findings. This approach aims to prevent misuse of the FIR process and ensure that only substantiated cases proceed to formal investigation.
2. Evidence of Administrative Mismanagement
The RTI documents provided confirm a significant breakdown in the administrative chain:
- Non-Receipt of Advisory: The Senior Superintendent of Police (SSP) office in Mirzapur explicitly stated this fact. They affirmed they never received the 2015 MHA Advisory. They mentioned this explicitly. Their records clearly indicate this.
- Consequent Failure: The office claims it never received the advisory. This omission caused them to not circulate it to local police stations or outposts (chowkis) in the district.
- Ten-Year Gap: This admission confirms a concerning oversight. For a decade, a federal mandate designed to protect citizens’ rights was not operational in Mirzapur. The reason was communication failures between the State Government (Chief Secretary) and the district police.
3. Impact on the Weaker Sections of Society (FIR Registration Advisory)
The “cryptic dealings” and administrative silence have direct social consequences:
- Deprivation of Rights: The 2015 advisory specifically aimed to prevent discrimination in FIR registration. Without this advisory, local police lacked formal pressure to register cases for marginalized groups without delay.
- Evasion of Accountability: The advisory likely went unrecorded, leading authorities to never enforce penal actions. Without the advisory, they were unable to act under Section 166A of the IPC (now Section 199 of the BNS). They could not pursue action for non-registration of FIRs. They probably never imposed these actions. No actions were taken against erring officers in the district.
4. Status of Court Orders (Lalita Kumari Judgement)(FIR Registration Advisory)
The 2015 MHA advisory aimed to ensure compliance with the landmark Supreme Court ruling in Lalita Kumari v. Govt. of U.P..
- The Direct Approach: “The Supreme Court mandates that authorities register an FIR if a complaint discloses a cognisable offence.”
- The “Action-First” Approach: “The Supreme Court requires authorities to register an FIR whenever they encounter a cognisable offence.”
- The Concise Approach: “The Supreme Court compels authorities to register an FIR if the disclosure reveals a cognisable offence.”
- Current Standing: While the BNSS replaces the CrPC, the core constitutional principle of “access to justice” remains. However, legal experts note that Section 173(3) of the BNSS provides more statutory flexibility for pre-FIR scrutiny. This is applicable in certain categories of crime. It “tweaks” the Lalita Kumari ruling.
- Institutional Lawlessness: The Mirzapur Police had no record of an advisory meant to enforce a Supreme Court mandate. This lack of record keeping points to what you described as “institutional lawlessness” during the CrPC era.
The requested details and relevant administrative officers are based on the documents provided. These details are also grounded on official UP Police records.
1. Application & Appeal Identification
| Type | Registration Number | Date of Filing | Status |
| RTI Application | SPMZR/R/2024/60234 | 23/12/2024 | Replied on 02/02/2025 |
| First Appeal | SPMZR/A/2025/60017 | 04/02/2025 | Order on 11/03/2025 |
| Second Appeal | A-20250400289 | 06/04/2025 | Disposed 13/08/2025 |
| New Appeal | A-20250700617 | July 2025 | Under Process |
2. Officer Contact Details (Mirzapur Police)(FIR Registration Advisory)
The following details are for the specific officers handling your RTI and the departmental leadership in Mirzapur:
- FAA (First Appellate Authority):
- Name: Somen Barma (SSP/SP Mirzapur)
- Mobile/CUG:
9454400299 - Email:
spmzr-up@nic.in
- PIO (Public Information Officer):
- Name: Om Prakash Singh (ASP Operation)
- Mobile/CUG:
9125608556or9454401105 - Email:
asp-op.mi@up.gov.inoraspopmzp@gmail.com
- Nodal Officer:
- Email:
addlspopmzr@gmail.com
- Email:
3. Essential Web Links
| Resource | URL |
| RTI Online (UP) | https://rtionline.up.gov.in/ |
| State Information Commission (SIC) | https://upsic.up.gov.in/ |
| Appeal Tracking (CATS) | https://upsic.up.gov.in/cispu/public/ |
| UP Police Official Site | https://uppolice.gov.in/ |
| Jansunwai (UP Grievance Portal) | http://jansunwai.up.nic.in/ |
4. Summary of Key Mobile Numbers (FIR Registration Advisory)
- SSP Mirzapur (CUG):
9454400299 - ASP Operation (CUG):
9454401105 - DIG Vindhyachal Range:
9454400215 - Emergency Helpline:
112 - Women Powerline:
1090
Would you like me to draft a summary report of these contacts? You can include it with your next submission to the State Information Commission.
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